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IRIS 2022-9:1/17 European Court of Human Rights: Sergey Sorokin v. Russia

The European Court of Human Rights (ECtHR) delivered a judgment on 30 August 2022 confirming, and further elaborating, the guarantees for the protection of journalistic sources under Article 10 of the European Convention on Human Rights (ECHR). The ECtHR concluded, unanimously, that the search of a journalist’s flat and the seizure of his electronic devices containing his professional information amounted to a violation of Article 10 ECHR. The ECtHR emphasised the lack of assessment of the necessity and proportionality of the investigating authorities’ actions. It found in particular...

IRIS 2022-8:1/29 European Court of Human Rights: Ecodefence and others v. Russia  

On 14 June 2022, the European Court of Human Rights (ECtHR) delivered a judgment finding a gross and systemic violation by the Russian state of the right to freedom of association in combination with the right to freedom of expression and information as protected by Articles 11 and 10 of the European Convention on Human Rights (ECHR). The complaints by 73 non-governmental organisations (NGOs), formulated in 61 applications, all concerned the 2012 Foreign Agents Act. The ECtHR found the restrictions imposed by the Russian authorities on the NGOs which had been categorised as “foreign...

IRIS 2022-8:1/31 General Court judgment T-125/22 dismissing RT France's action for annulment of the Council's (EU) decision and regulation prohibiting broadcasting activities

The broadcaster, “Russia Today France” (RT France), asked the General Court to annul the Decision 2022/351 and Regulation 2022/350 of the Council of European Union (see IRIS 2022-3/6). The Decision and Regulation followed the Russian invasion of Ukraine and prohibited “operators to broadcast or to enable, facilitate or otherwise contribute to broadcast, any content by the legal persons, entities or bodies listed in Annex XV”, including RT France. Further to the hearing of 10 June 2022, the General Court gave its judgment on 27 July 2022 and dismissed RT France’s...

IRIS 2022-8:1/32 [RU] New legal instruments against foreign media

On 30 June 2022, the State Duma of the Federal Assembly of the Russian Federation adopted the Federal Statute “On amendments to certain legal acts of the Russian Federation” that provides important changes in the media law, in particular in relation to foreign media in Russia. An additional Article 3.4 was introduced to the Federal Statute No. 272-FZ of 28 December 2012 “On measures to influence persons involved in violations of fundamental human rights and freedoms, the rights and freedoms of citizens of the Russian Federation” (О мерах воздействия на лиц, причастных...

IRIS 2022-7:1/13 [RU] Restrictions on payments to “unfriendly” rightsholders

On 27 May 2022, the President of the Russian Federation issued a decree “on the provisional procedure for the compliance with the obligations to certain rightsholders”. The decree provides instructions related to the way significant groups of rightsholders, mostly foreign ones, are entitled to receive debts, penalties, fines or other payments from Russia for the use of their intellectual property. The decree applies to the payments intended for the following groups: - foreign rightsholders from the “unfriendly states” that are listed in the ordinance of the Government...